PROTECTIVE ORDER VIOLATIONS
PRACTICE AREAS
LOUISIANA VIOLATION OF
PROTECTIVE ORDER LAWYER
Criminal Defense Attorney for Protective Order Violations in Shreveport, Bossier City, and Beyond
Protective orders in Louisiana are designed to protect certain individuals from abuse and other harmful crimes, and violating the provisions of these orders can result in serious legal consequences. If you have been accused of violating an order of protection in Louisiana, contact Bossier City/Shreveport criminal defense attorney Michael J. Vergis regarding your case as soon as possible.
Attorney Vergis is here to provide the seasoned legal guidance and advocacy you need to defend your rights and achieve the best possible outcome. With years of experience in criminal defense law, Attorney Vergis possesses the knowledge, insight, and resources to effectively challenge allegations and protect your rights.
Call (318) 698-3724 to schedule a free initial case evaluation with Attorney Vergis regarding your criminal case.
What is a Protective Order?
A protective order, also known as a restraining order, is a legal decree issued by a court to protect individuals from harassment, abuse, or threats from another person. It mandates the person named in the order to refrain from specific actions, such as contacting or coming near the protected individual.
In Louisiana, these orders are often sought by victims of violent crimes and sex crimes, including domestic violence, stalking, or other forms of intimidation. In some situations, they can also be used to make anyone convicted of a federal, state, or city criminal offense stay away from the protected person as a condition of their probation.
These court orders must be officially served to the individual named in the order, also known as the subject of the protective order, by the court or a law enforcement officer. If the subject of the protective order believes that the protective order is unjust, they can request a contradictory court hearing to potentially have the order adjusted or nullified.
Types of Protective Orders
Protective orders come in various forms to address different levels of threat and urgency. Below are some of the different types of protective orders that individuals can seek in order to obtain legal protection from their abusers.
Emergency Temporary Restraining Order
An Emergency Temporary Restraining Order (ETRO) can be put into place to protect an individual from an immediate and present danger of abuse. These restraining orders only last until the end of the next business day. This means that if the victim needs further protection, they must file for a temporary or long-term restraining order within the next day that the court is open.
Temporary Restraining Order
A Temporary Restraining Order (TRO), or ex parte protective order, can provide an individual with protection from abuse for a short period of time, often until the court can conduct a hearing for a long-term protective order. They tend to last for anywhere between 15 and 30 days, depending on when the hearing can be scheduled and the circumstances surrounding the case.
More often than not, these restraining orders can only be granted if both parties are present. However, some temporary restraining orders can be granted without the abuser present in situations where the victim is in immediate and present danger of abuse.
Long-Term Protective Order
A Long-Term Protective Order, or final protective order, offers extended protection following a court hearing where evidence and testimonies are presented. This order can last for several months to years, depending on the circumstances of the case. It is designed to provide lasting safety for the victim, requiring the abuser to adhere to specific restrictions or face legal consequences.
Types of Protective Orders in Specific Contexts
In addition to the above protective orders, there are different types of protective orders that can be used in different contexts. There are many Louisiana Code of Criminal Procedure, Children’s Code, and Code of Civil Procedure articles outlining the different kinds of protective orders people can obtain in Louisiana.
Below are some of the most common types.
Domestic Abuse Protective Orders
Domestic abuse protective orders are designed to protect individuals from abuse or threats by a current or former spouse, partner, or family member. These orders can mandate the abuser to leave the shared home, avoid contact, and cease any abusive behavior.
Child Custody Protective Orders
Child custody protective orders focus on ensuring the safety and welfare of children in potentially dangerous situations. These orders can restrict an abusive parent or guardian’s access to the child, modify custody arrangements, and provide supervised visitation if necessary.
Stalking Protective Orders
Stalking protective orders are intended to protect individuals from ongoing harassment, following, or intimidation by another person. These orders can prohibit the stalker from contacting, approaching, or communicating with the victim, including through the internet.
Sexual Assault Protective Orders
Sexual assault protective orders are specifically designed for victims of different forms of sexual violence, providing them with protection from their abusers. These orders can restrict the assailant from any form of contact and mandate them to stay away from the victim’s home, workplace, or school.
Common Protective Order Provisions
Different protective orders will often have different provisions, depending on the circumstances surrounding the alleged abuse and the relationship between the victim and the alleged abuser. Some of the most common protective order provisions include prohibiting the abuser from contacting or approaching the victim, whether in person, by phone, or through electronic communication.
They may also require the abuser to stay a certain distance away from the victim’s home, workplace, or school. Additionally, a municipal court judge or other judge presiding over the case can mandate the abuser to vacate a shared residence and surrender any firearms they possess. These measures aim to create a secure environment for the victim and prevent further harassment or violence.
What is Violation of a Protective Order?
A person can violate a protective order if they are named in the protective order as the specific person the protected individual needs protection from and they fail to comply with the order’s terms and conditions. This can include actions such as contacting the protected individual, approaching them in public, or coming within a specified distance of their home or work.
If someone is suspected of violating a protective order obtained pursuant to Louisiana law, then law enforcement must use any reasonable means to enforce the protective order. This includes arresting the individual suspected of violating the protective order.
Louisiana Revised Statutes § 14:79
Louisiana law outlines protective order violations in La. R.S. § 14:79. According to the statute, someone commits the crime of violating a protective order if they willfully disobey a preliminary or permanent injunction made against them. This includes any temporary or permanent protective order that has already been officially served to the individual.
Law enforcement officers who serve these orders must provide proof of official service to the state so that it can be entered into the Louisiana Protective Order Registry. If the issuance of a previous temporary or ex-parte restraining order is mentioned in a police report, however, it is deemed sufficient evidence of service and admissible in court.
The statute also outlines the punishments for violating a protective order, as well as minimum and maximum punishments for certain types of restraining order violations.
How Much Jail Time for Violating an Order of Protection?
In Louisiana, the length of the sentence for violating an order of protection depends on the circumstances surrounding the violation and the presence of any prior convictions. In some situations, violating a protective order can result in up to 5 years in prison without the benefit of probation, parole, or suspension of sentence. Consulting with an experienced criminal defense attorney can help you better understand the potential punishments you may be facing.
First Offense Violation of Restraining Order
If it is someone’s first offense of violating a restraining order in Louisiana, they may face punishments of up to six months in jail, $500 in fines, or both. Additionally, the court may impose other punishments, like mandatory counseling or community service.
Repeat Offenses
For a person’s second or subsequent conviction of violating a protective order, they could face up to two years in jail, up to $1,000 in fines, or both. They may also face additional punishments, especially if their violation involved an act of violence against the protected individual.
What Happens if the Victim Violates the Order of Protection in Louisiana?
In Louisiana, a victim cannot be charged with violating an order of protection unless there is a mutual order of protection preventing either party from engaging with the other. Mutual protective orders are rare because they tend to undermine the effectiveness of protective orders and can potentially expose the victim to violence.
Additionally, if the protected person “violates” the provisions in the order of protection, it does not automatically nullify the protective order. The court would have to hold a hearing to decide whether or not to nullify the order in light of the victim’s actions.
It’s important to note that it’s common for protective order violators to claim that they only violated the protective order because the victim “invited them” to, but this does not serve as a viable defense. Even if this is the case, only the subject of the order can be held responsible for violating the order.
How To Beat a Violation of Order of Protection
If you have been accused of violating an order of protection in Louisiana, the best way to beat the charges against you is by hiring a skilled criminal defense attorney who can evaluate the circumstances of the alleged violation, gather evidence and eyewitness testimony, and build a strong defense on your behalf.
Common defenses against protective order violations include arguing that:
- The subject of the order did not intentionally mean to violate the terms of the order
- The protective order itself is invalid or was improperly issued
- The terms of the protective order were too ambiguous
- The subject of the order was never properly served with the protective order
- The prosecution lacks evidence
- The accusations are false
- The subject of the order had an alibi at the time of the alleged violation
Consulting with an experienced Northwest Louisiana criminal defense attorney like Michael J. Vergis can help in identifying the most appropriate defense strategy based on the specifics of your case.
Why You Need an Experienced Louisiana Violation of Protective Orders Attorney
Charges of violating a protective order can result in serious criminal punishments, including potential jail time and hefty fines. However, with a skilled Louisiana violation of protective order lawyer on your side, you stand the best chance of beating these allegations.
Your defense attorney will meticulously assess the details of your case to build a strong defense strategy for your specific situation. They will also understand the nuances of protective order laws and know how to challenge the validity of the order, refute accusations of violations, and negotiate with prosecutors for reduced charges or alternative resolutions.
If you need a reputable criminal defense attorney to fight your violation of protective order charges, contact Shreveport restraining order attorney Michael J. Vergis today. With years of experience in criminal defense law, Attorney Vergis possesses a deep understanding of Louisiana’s legal system and protective order regulations, providing each client with unwavering support throughout the legal process and ensuring that they receive the best possible outcome in their case. With Attorney Vergis on your side, you can trust that you will receive diligent representation and dedicated support every step of the way.
Call Bossier City/Shreveport Protective Order Violation Attorney Michael J. Vergis Today for a Free Consultation
If you’re facing allegations of violating a protective order in or around Bossier City or Shreveport, Louisiana, you don’t have to face them alone. Attorney Michael J. Vergis has years of experience defending clients in criminal cases, including those involving protective order violations.
During your free consultation, Attorney Vergis will listen attentively to your situation, providing you with a clear understanding of your rights and legal options. He will then conduct a thorough review of the details surrounding your case, meticulously examining any evidence and identifying potential defense strategies.
Whether you need representation in civil or criminal proceedings, Attorney Vergis is here to provide you with the legal support you need to succeed. Call Bossier City/Shreveport protective order violation attorney Michael J. Vergis today at (318) 698-3724 or contact us online to schedule your free consultation with us regarding your case.
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